Everything You Need to Know About Racial Discrimination in the Workplace

Did you know that it’s illegal in the state of California for an employer to have discrimination toward an individual because of their ethnic background? People that are harassed or discriminated against an employee based on race could make a claim in opposition to his or her boss for the damages done.

1. Could a California employer decline to bring on an individual because of his or her ethnicity?

No, a business owner in California can’t decline to bring on an individual due to his or her ethnic background. Employment discrimination because of an individual’s race is a It is illegal in the state of California to discriminate in workplace because of an individual’s ethnicity.

It is not legal for a the business owner with five or more workers to single out a person based on ethnicity as seen under the California Fair Employment and Housing Act .

2. How can you discriminate against ethnic background?

Race discrimination usually occurs when you behave towards a person in a different manner than other due to the place she or she was born in, how he or she looks, or their race. Color, race and ethnicity could mean various things to different people. There is oftentimes a ton of overlap. But it is illegal in California to discriminate based on color, race or ethnicity.

Racial discrimination could also be incorporated with national origin discrimination. This happens when the employer treats a worker or job candidate badly because he or she comes from a certain nation or comes off as a certain ethnicity.

Ethnic background can be linked to cultural aspects based on where he or she grew up or where his or her relatives came from. This is the same as the definition of national origin under California law. National origin refers to a person’s place of birth or original heritage. The laws against race discrimination are not only limited to employers. These laws also apply to labor organizations and unions. These are prohibited from expelling, excluding or restricting membership to an individual based on color or race.

Assumed Ethnic Background

Race discrimination in the workplace is not legal even if the individual has made an error about the victim’s ethnicity. The California workplace laws against race discrimination based also applies to the ethnic background that is assumed. If the business owner happens to have made an error about the applicant’s race or color, it’s not a defense to discrimination against race.

An instance would be if an manager conducting an interview might choose not to hire the candidate due to not trusting Chinese people. The candidate was really a United States citizen, grew up in America to parents from South Korea.

If the applicant files a complaint against the employer for race discrimination, the fact that the employer has made an error about the applicant’s race is not a defense. The employer might still be in violation of workplace discrimination laws for any discrimination based on race.

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3. Can you be discriminated against by someone from the same race?

An employer could discriminate against someone from the same race. California’s employment discrimination laws are not based on the employer’s race but make any race discrimination not lawful.

Do you have a question about race discrimination in the workplace? Click here to contact Von Esch Law today!

Courtesy of Cuselleration